BENTON COUNTY, Wash. -- KEPR has learned Matthew Hibbard, 41, has been charged with assault in the third degree over an incident on July 4th at a Kennewick nightclub. The charges include aggravated circumstances for excessive injuries.

Court papers found here show Hibbard is accused of dropping Ben Ensign onto his head outside Jack Didley's in Kennewick.

As KEPR has reported previously, Ensign was heavily intoxicated when he was asked to leave the nightclub.

The young father has remained in critical condition ever since that night. He spent weeks in a medically-induced coma before he was awakened last week. He still has severe injuries and remains in the hospital.

The owner of Jack Didley's has maintained his employees did not use excessive force on Ensign.

KEPR is working to contact the owner for his comment following the filing of charges. We have not reached him.

Benton County Prosecutor Andy Miller says if Hibbard is convicted, he faces up to five years in jail, due to the aggravating circumstances in the charge.

This is a developing story. Stay with Action News, KEPRTV.com, Facebook & Twitter for the latest.

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